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ELCAllowedNotice of Motion dated 19th May, 2026 (JR proceedings, Voi)· [2026] KEELC 3883 (KLR)

Republic v The Chairman National Land Commission & 19 others (Proposed Interested Parties Suing on Their Own Behalf and on Behalf of the Members of Kishamba B Community); Kishamba B Group Ranch (Ex parte Applicant) (Environment and Planning Judicial Review E007 of 2025) [2026] KEELC 3883 (KLR)

Environment and Land Court
29 June 2026
EWE. K. Wabwoto
1,988 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This is a ruling on a Notice of Motion dated 19th May, 2026 by fifteen members of the Kishamba B Community seeking joinder as interested parties in judicial review proceedings at the execution stage. The underlying dispute concerns compensation payable by the National Land Commission for land excised from the former Kishamba B Group Ranch for the Standard Gauge Railway Project in Taita Taveta County. The applicants, deposing through Gadiel Mwanjele Kilaghai, claimed to be bona fide members and beneficiaries of the community land, and objected that certain persons had irregularly installed themselves as community officials and now sought to control the compensation monies, with a vote of no confidence having been passed against the management committee. The 4th Respondent, the registered Kishamba B Community, opposed the application, arguing lack of locus standi, failure to exhaust Community Land Act dispute mechanisms, res judicata grounded on Voi ELCEPJR No. E001/2025, and that the 2017 CAJ Report predates its registration. Applying the Muruatetu principles and Order 1 Rule 10(2) of the Civil Procedure Rules, the court held that the applicants demonstrated a sufficient, non-peripheral beneficial stake in the compensation monies and apparent prejudice from non-joinder. It held that the objections of locus, exhaustion and res judicata raised contested issues best determined on a full record, and that joinder would not prejudice any party while serving fair hearing and access to justice. The court joined the fifteen applicants as Interested Parties with fourteen days' leave to file responses, expressly reserving all merits questions, and ordered each party to bear its own costs of the application.

Key legal issues

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01

Whether the Proposed Interested Parties should be joined as interested parties

Holding

Joinder allowed; they demonstrated a sufficient, non-peripheral beneficial stake in the compensation monies and clear prejudice if not heard.

Reasoning

Applying Francis Karioki Muruatetu, the applicants asserted a direct beneficial interest as members and beneficiaries of the former Kishamba B Group Ranch in the compensation payable for community land. The interest was directly engaged by the execution question of who receives and controls the monies. Objections of locus, non-participation in the decree, exhaustion and res judicata raised contested questions best ventilated on a full record rather than shutting out affected persons at the threshold.

p. 4
02

Costs of the application

Holding

Each party to bear its own costs given the intra-community nature of the dispute.

Reasoning

Although costs follow the event under Section 27 of the Civil Procedure Act, the court exercised discretion because the dispute was intra-community, the issues were arguable on all sides, and an award of costs would further deplete the very resources at stake.

p. 5

Legal principles established

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  • An interested party must demonstrate a personal interest or stake, clearly identifiable and proximate, and the prejudice of non-joinder.
  • Joinder may be ordered even at execution stage where the decree is unsatisfied and the dispute concerns who receives the decretal monies.

Court orders

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  1. 1.The fifteen (15) applicants named in the Notice of Motion dated 19th May, 2026 be and are hereby joined to these proceedings as Interested Parties
  2. 2.The Interested Parties are granted leave to file and serve their responses, affidavits and submissions, if any, in relation to the execution proceedings, within fourteen (14) days of the date hereof
  3. 3.Nothing in the ruling determines the merits of the competing claims to represent the Kishamba B Community or the objections of res judicata, exhaustion of remedies and locus standi
  4. 4.Each party shall bear its own costs of the application

Authorities

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Legislation

  • Constitution of KenyaArticles 22, 47, 50, 159
  • Civil Procedure ActSections 1A, 1B, 3A, 27
  • Civil Procedure RulesOrder 1 Rule 10(2), Order 53 Rule 3
  • Community Land ActSection 47 and Transitional Provisions in the Schedule; Part VIII
  • Evidence ActSection 106B

Cases cited (1)

  • Francis Karioki Muruatetu & Another v Republic & 5 Others
    [2016] eKLR
Jurisdiction invoked
Articles 22, 47, 50 and 159 of the Constitution; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 1 Rule 10(2) and Order 53 Rule 3 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v The Chairman National Land Commission & 19 others (Proposed Interested Parties Suing on Their Own Behalf and on Behalf of the Members of Kishamba B Community); Kishamba B Group Ranch (Ex parte Applicant) (Environment and Planning Judicial Review E007 of 2025) [2026] KEELC 3883 (KLR)", Case Analysis (2026). Notice of Motion dated 19th May, 2026 (JR proceedings, Voi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3883/eng@2026-06-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.